SAURASHTRA UNIVERSITY KARMACHARI PARIVAR Vs. SAURASHTRA UNIVERSITY

JUDGEMENT

(1.) This Letters Patent Appeal is filed by the appellant, Saurashtra University Karmachari Parivar, under Clause 15 of the Letters Patent Act against the order and judgment dated 26.06.2003 passed by the learned Single Judge (Coram :- R.R. Tripathi, J.) of this Court in S.C.A. No. 5443 of 2002 allowing the petition by quashing and setting aside the order dated 04.12.2001 passed by the Deputy Labour Commissioner, Saurashtra Kutch at Rajkot making a reference of the dispute mentioned in the schedule attached thereto and the order dated 07.03.2002 passed by the Industrial Tribunal, Rajkot in Reference (I.T.) No. 10 of 2002 directing the Saurashtra University to maintain status quo qua the five workman and further directing the Industrial Tribunal, Rajkot to return the papers of reference to the present appellant - Union within two weeks from the date of receipt of the said order so as to file the same before the Tribunal constituted under the Gujarat Universities Services Tribunal Act, 1983.

(2.) The said reference was registered with the Industrial Tribunal, Rajkot being Reference (IT) No. 10/2002 and statement of claim along with interim relief application dated 07.03.2002 was filed by the appellant Union praying to the Tribunal that services of five workman should not be terminated. On this interim relief application, the Industrial Tribunal, Rajkot passed an exparte order on 07.03.2002 directing the respondent University to maintain status quo.

(3.) Being aggrieved by the said order of the Deputy Commissioner of Labour, Rajkot dated 04.11.2001 and the order of the Industrial Tribunal, Rajkot to maintain status quo passed on 07.03.2002, the respondent University has filed S.C.A. No. 5433 of 2002 before this Court and after hearing the learned advocates appearing for the respective parties and also after considering the Civil Application No. 1649 of 2003 moved by the present appellant, the learned Single Judge vide his order dated 26.06.2003 quashed and set aside the order making the reference passed by the Deputy Commissioner of Labour, Rajkot and also the order of the Industrial Tribunal, Rajkot granting exparte order of status quo and also directing the Industrial Tribunal to return the papers to the appellant - Union.